The United States Supreme Court has granted certiorari in a federal case that could majorly curtail the power of federal agencies, like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to make regulations.

The case, Loper Bright Enterprises v. Raimondo, was brought by a group of commercial fishing companies who challenged a rule issued by the National Marine Fisheries Service requiring them to pay for government observers that make sure that the companies comply with fishery management plans. The group is challenging the Fisheries Service rule claiming that Congress did not grant the Department of Commerce (the Fisheries Service’s parent agency) the power to enact such a rule.

National Marine Fisheries Service claims it used Chevron deference when making the rule. Chevron deference stems from the 1984 Supreme Court case, Chevron v. Natural Resources Defense Council. It states that the court defers to the responsible federal agency for the interpretation of a law when that law is ambiguous or unclear. The commercial fishing companies are asking SCOTUS to reconsider its ruling in Chevron. The Supreme Court agreed to hear the group’s case.

Although the fishing industry brought this case forward, it could affect firearms regulations since the ATF has liberally used Chevron deference in its gun regulations…

Another gun rights organization that is hopeful that the Supreme Court will shackle the Executive branch from using Chevron deference is Gun Owners of America (GOA). GOA’s Senior Vice President, Erich Pratt, believes that the death of Chevron would help protect the rights of gun owners and firearm dealers.

The Constitution demands that ‘all legislative powers’ shall be vested in the Congress, not in rogue administrative agencies like the ATF,” Pratt told AmmoLand News. “Americans have had enough of the Bureau’s unconstitutional gun bans, the most recent one affecting up to 40 million pistols; enough of the illegal gun running into Mexico via Fast & Furious; and enough of the maniacal Zero Tolerance Policy that has ended the livelihoods of honest gun dealers. GOA hopes the Supreme Court gives Chevron deference the death it deserves to better secure the rights of law-abiding gun owners.

Although SCOTUS will hear the case, an opinion is still at least a year away.

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